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← 921 So. 2d 38 - Wagner v. State

921 So. 2d 38 - Wagner v. State’s Empirical Analysis

2006

Citation profile

5
cited by 5 later decisions
1
states following
November 2013
most recently cited

5 state decisions

Relationships

Relies on Ray v. State · 787 So. 2d 747 - Stephens v. State · 412 So. 2d 347 - Bryant v. State · 561 So. 2d 536 - Rivera v. State · 458 So. 2d 750 - Parker v. State

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Section 782.04(2)d, Florida Statutes, [currently section 782.04(l)(a), Florida Statutes,] states that the killing of a human being, which occurs while a defendant is ‘‘engaged in the perpetration of” a robbery is murder in the first degree, or felony murder. The term "in the perpetration of” includes the period of time when a robber is attempting to escape from the scene of the crime. Absent some definitive break in the chain of circumstances beginning with the felony and ending with the killing, the felony, although technically complete, is said to continue to the time of the killing. The State must prove that there was no break in the chain of circumstances beginning with the felony and ending with the murder. Factors such as the relationship between the underlying felony and the homicide in point of time, place and causal relationship are important in determining whether there was a break in the chain of circumstances. In the case of flight, an important consideration is whether the fleeing felon has reached a place of temporary safety. If the killing is a predictable result of the felonious transaction, neither the passage of time nor separation in space from the felonious act to the killing precludes a felony murder conviction.”
    2 later decisions quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.